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The Role Of The Eu Notes

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The Role of the EU. Union Competence.


Art `191 - (1) - Union policy on the environment shall contribute to objectives: protecting enviro quality, human health, rational use of resources, international enviro work inc. climate change. (2) - Aim for high level of protection. Based on principles that damage fixed at source, precautionary principle and preventative action. (3) - EU to take account of scientific data, enviro conditions in different regions, cost/benefit of action, socio-economic development of EU. (4) - EU shall cooperate with third countries.


Art 192 - (1) Ordinary legislative procedure to be used to attain 191. (2) - sets out areas for unanimous voting.


Art 193 - Above will not prevent any MS maintaining or introducing more stringent protective measures. But these must be compatible with the treaties and notified to commission.


Art 114 - (1) - Competence for the object of establishment and functioning of the internal market. Ordinary legislative procedure. (3) - If proposals in (1) relate to health, safety, enviro protection or consumer protection then Commission will take a high level of protection as its base level - taking into account in particular new scientific facts.

Confidence of the ECJ:


ADBHU (1985) - ECJ recognised environmental protection as an "essential objective of the community". They referred to enviro protection being used as an exception to the freedoms (Trade etc.) at times.

Relationship with other competences:


British American Tobacco - Although Art 114(3) does provide for protection of high level the measures in question must still have as their "centre of gravity" the functioning of the internal market. [Also said that test for which competence is central should be objective - disagreeing with Titanium].


Titanium Dioxide - Court could not come to a decision as to which of two competences (enviro v. internal market) was the centre of gravity / the correct legal basis. This was

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